Legal Opinion

United States v. Hardy

Court of Appeals for the Sixth Circuit

Decided May 19, 2011No. 08-5991PublishedCited by 47 opinions

1Opinion of the CourtSuhrheinrich, J., joined by Cook, J.,

COLE, J. (pp. 159-62), delivered a separate dissenting opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant DeMarcus Hardy appeals his conviction and sentence for drugs and firearms convictions following a jury trial. Specifically, he challenges the admission of prior, uncharged drug activity as a violation of Fed.R.Evid. 404(b), as well as the district court’s decision to grant an upward departure at sentencing. We AFFIRM.

I. Background

A. Pretrial Proceedings

In December 2006, based on a tip from a confidential informant, the Special Investigations Unit of the Chattanooga Police Department…

2Cases cited28 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Old Chief v. United StatesSupreme Court of the United States · 1997
  3. Huddleston v. United StatesSupreme Court of the United States · 1988
  4. Jan M. Sexton Salmi v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  5. United States v. Timothy Moses JohnsonCourt of Appeals for the Sixth Circuit · 1994

23 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Geraldine Burley v. Jeffery GagackiCourt of Appeals for the Sixth Circuit · 2016
  2. United States v. Lynn Michael LaVictorCourt of Appeals for the Sixth Circuit · 2017
  3. United States v. ClayCourt of Appeals for the Sixth Circuit · 2012
  4. United States v. Rodney Mack, Jr.Court of Appeals for the Sixth Circuit · 2013
  5. United States v. Manuel SotoCourt of Appeals for the Sixth Circuit · 2015

42 more not listed; retrieve them via the Exa API.

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